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Home My WebLink AboutMINUTES - 01162007 - C.5 (13) CLAiNI BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:JANUARY 16 , 2007 Claim Against the County, or District Governed by ) J. the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section refer r t�II ) The copy of this document mailed to California Government Codes. you is your notice of the action taken on your claim by the Board of DEC 15 2006 Supervisors. (Paragraph IV below), COUNTY COUNSEL given Pursuant to Government Code AMOUNT: $1 ,000 ,000 . 00 MARTINEZ CALIF. Section 913 and 915.4. Please note all "Warnings". CLAIMANT.- GARY NORRIS GRAY ATTORNEY:WILDA WHITE DATE RECEIVED: DEC. 15 , 2006 WALKER, HAMILTON & WHITE ADDRESS: 50 FRANCISCO STREET, BY DELIVERY TO CLERK ON: DEC. 15 , 2006 SUITE 460 SAN FRANCISCO, CA. 94131JY MAIL POSTMARKED: DEC. 14 , 2006 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claire. DECEMBER 15 , 2006 JOHN CULLEN, r Dated: By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Su ervisors (This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: ( By: �l/1 Deputy County Counsel 1,11. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant (Section 911.3). IV. 'ARD ORDER: By unanimous vote of the Supervisors present: (� This Claim is rejected in full. O Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated. "kt-zy /C N CULLEN, CLERK, By Deputy Clerk WARNING (Go . code section 913) Subject to certain exceptions,you have only six(6) months from the date this notice was personal ly se«ed or deposited in the nail to file a count action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. if you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am noir, and at all times herein mentioned, have been a citizen of• the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:✓&"��& �� dA-Of-IN CULLEN, CLERK By Deputy Clerk RECEIVED Board of Supervisors of Contra Costa County DEC 1 5 2006 RE: Claim by Reserved for Clerk's filing s LERK BOARD OF SUPERVISORS CONTRA COSTA CO. Gary Norris Gray against the County of Contra Costa The undersigned claimant hereby makes claim against the County of Contra Costa or the above- names district in the sum of$1,000,000 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) June 15, 2006 2. Where did the damage or injury occur? (Include city and county) In the City of El Cerrito on Elm Street 10 feet north of Blake Street 3. How did the damage or injury occur? (Give full details; use extra paper if required) While attempting to cross the intersection of Blake and Elm Streets(in the City of El Cerrito) in his wheelchair, claimant Gary Norris Gray was struck by a motorist who asserts his vision of the intersection was obscured by the combination of poor lighting, overgrown vegetation that cast shadows on the roadway, and the configuration of the roadway. The sidewalks on Mr. Gray's route were in disrepair and without curb cuts which forced him into the street. The sidewalk curb cuts that existed led to sidewalks without curb cuts. There were no warnings that alerted pedestrians and motorists to the complex intersection and restricted vision. Page 1 of 3 f The intersection, roadway and the area in and around the intersection and roadway were in a dangerous condition, and in violation of the Americans with Disabilities Act. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? The County of Contra Costa created the condition, and/or had sufficient notice of the dangerous condition in time to correct it. 5. What are the names of county or district officers, servants, or employees causing the damage or injury. Unknown. 6.. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) The claims exceed $10,000 and cannot be further delineated pursuant to Government Code §910(f). 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) The claims exceed $10,000 and cannot be further delineated pursuant to Government Code §910(f). 8. Names and addresses of witnesses, doctors, and hospitals: Witness Frederick Francis Adams 5107 MacDonald Avenue Richmond, CA 94805 (510) 965-1522 Hospital John Muir Alta Bates Page 2 of 3 1 9. List the expenditures you made on account of this accident or injury? The claims exceed $10,000 and cannot be further delineated pursuant to Government Code §910(f). SEND NOTICES TO: (Attorney) Name and address of Attorney Representative's Signature &"016er /YJ zoo6 Walker, Hamilton& White 50 Francisco Street, Suite 460 San Francisco, CA 94133 (415) 986-3339 Page 3 of 3 1 1 PROOF OF SERVICE 2 Gray v. City of El Cerrito 3 My business address is 50 Francisco Street, Suite 160, San Francisco, California 94133. I 4 am employed in the County of San Francisco, where this mailing occurs. I am over the age of 18 years and not a party to the within cause. On the date set forth below, I served the foregoing 5 document(s) described as: 6 Claim Presented to Contra Costa County 7 on the following person(s) in this action by placing a true copy thereof enclosed in a sealed 8 envelope addressed as listed below. 9 [] BY MAIL I sealed said envelope with postage thereon fully prepaid, and placed it for collection by the U.S. Postal Service, following ordinary business practices. 10 [X] BY OVERNIGHT COURIER On December 14, 2006, I deposited said envelope for 11 delivery via overnight courier to the office of the addressee. 12 [ ] BY MESSENGER I caused such envelope to be delivered via personal service to the 13 office(s) of the addressee(s). 14 [] BY FACSIMILE I transmitted this document to the parties listed below at the facsimile numbers listed. 15 Cheryl Morse 16 City Clerk 17 City of El Cerrito 10940 San Pablo Avenue 18 El Cerrito, CA 94530-2392 19 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on December 14, 2006, at 20 San Francisco, California. 21 22 � �- ie Reasoner 23 24 25 26 WALKER. HAMILTON &WHITE DEC 1 5 2006 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. December 14, 2006 Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 Re: Gray v. County of Contra Costa To Whom It May Concern: Enclosed please find an original and 2 copies of a government claim in this matter. Please process the claim and return 1 copy in the enclosed stamped envelope, with some notation of its receipt in your office. Thank you for your help with this. Sincerely, Ct Reasoner "nnie aralegal /ar Encl: as noted www.walkerhamiltonwhite.com 50 FRANCISCO STREET, SUITE 460, SAN FRANCISCO,CA 94133-2100 TEL 415 986-3339 FAX 415 986-1618 � O ..-.� w o = mU N W cSSLL 0 0 � V 00 CO -.--= j _- LO --_ o �$ m W W > N Q Lil �ms,U) 2 M oia (7 ZLn w QLO O Of 0 F t1r) eA — kn �. -�- L Lia Co N M 2 wy L0 ELn M W w LL N U IM E CD P Uv)U u� h F- 55J— oLLJLL� W �a � a ° p o T- co '� us v�, UcoCUt�p2� c m -